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Patna High CourtCR. MISC./26560/2020bail granted

Rohit Kumar @ Butta Singh @ Butta v. The State Of Bihar

2020-12-14Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26560 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== Rohit Kumar @ Butta Singh @ Butta , Aged about 25 Yrs, M, Son of Natu Singh @ Nanhu Singh , Resident of Mohalla - Samshan Ghat, Vishnupad, P.S. Vishnupad, District -Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2020 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mrs. Asha Kumari, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Tankuppa P.S. Case No. 87 of 2019 registered for the offence under Section 302 / 201 / 34 of the I.P.C.

The allegation as per the First Information Report is that the petitioner along with the co-accused persons arrived at the shop of the deceased and took him alongwith them and subsequently the dead body of the deceased was found lying by the side of the road.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26560 of 2020(4) dt.14-12-2020 2/3 petitioner has falsely been implicated in this case inasmuch as during the course of investigation no material has come against the petitioner to connect him with this offence except the confessional statement made before the Police. Learned counsel further submits that the deceased was having some dispute with the co-accused: Tirel Yadav, who has been granted bail by this court in Cr. Misc. No. 8209 of 2020 and other similarly situated co-accused persons namely, Babu Dhobi @ Babu Dobhi @ Rishu Kumar Rajak and Amit Kumar @ Amit Yadav have also been granted bail by this court in Cr. Misc. No. 2549 of 2020 and Cr. Misc. No. 9012 of 2020 respectively. Learned counsel further submits that petitioner is in custody since 02.03.2020. Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that similarly situated co-accused persons have been granted bail by this court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gaya / court concerned in connection with Tankuppa P.S. Case No. 87 of 2019 on the

Patna High Court CR. MISC. No.26560 of 2020(4) dt.14-12-2020 3/3 following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T